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| State vs. Carl Couch
W1999-00645-CCA-R3-CD
The defendant appeals his split sentence of 60 days confinement plus 1 year and 4 months of probation for the offense of reckless endangerment with a deadly weapon. The defendant contends in this appeal that the trial court erred in denying him total probation. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 07/28/00 | |
| Mary Zelek v. Flagstar System,
M1999-00269-WC-R3-CV
The employer contends the trial judge erred by accrediting the expert medical testimony of a non-approved physician chosen by the employee, or her attorney, and that the award of permanent partial disability benefits is excessive.
Authoring Judge: Loser, Sp. J.
Originating Judge:J. O. Bond, Judge |
Wilson County | Workers Compensation Panel | 07/28/00 | |
| TN Farmers vs. Roger Hostetler, et al
W1999-00368-COA-R3-CV
This appeal arises from a declaratory judgment action filed in the Lauderdale County Circuit Court by Tennessee Farmers Mutual Insurance Company. The complaint sought a declaration that Tennessee Farmers was not obligated to defend or indemnify its insureds against a wrongful death lawsuit filed by James Drake, executor of the estate of Mattie Lee Drake. After both sides filed motions for summary judgment, the trial court ruled that coverage did not exist under the Personal Liability Insurance Policy and entered summary judgment in favor of Tennessee Farmers Mutual Insurance Company.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 07/28/00 | |
| Glenda Tate vs. Baptist Memorial
W1999-00553-COA-R3-CV
Hospital employee was accused of negotiating payroll checks of other employees and was discharged. Employee filed defamation suit, and trial court granted summary judgment because the pleadings and affidavits established that there was no publication of the alleged defamatory words since all communication thereof was to hospital employees.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 07/28/00 | |
| Abbott vs. Gateway
M1999-00653-COA-R3-CV
The General Sessions Court of Davidson County awarded a judgment against the defendant below, Nationwide Insurance Company, in a case involving a car accident. Nationwide filed an appeal to the Davidson County Circuit court but failed to secure a trial date within 45 days as required by Davidson County Local Rule of Practice 20(b) (1999). The circuit court dismissed the case due to Nationwide's failure, and Nationwide filed a Tennessee Rule of Civil Procedure 60.02 motion to set aside the circuit court dismissal due to its attorney's excusable neglect. When the circuit court denied Rule 60.02 relief Nationwide appealed to this court. On appeal, we reverse the decision of the circuit court finding that it should have granted Nationwide's request for Rule 60.02 relief and set aside the dismissal of Nationwide's circuit court appeal.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 07/28/00 | |
| Clark vs. Crow
M1999-00916-COA-R9-CV
We grant this interlocutory appeal to consider a question of first impression regarding whether there is a right to jury trial prior to the issuance of an order of protection pursuant to Tennessee Code Annotated section 36-3-605, (hereinafter "order of protection"). Specifically, we are asked to determine whether a party against whom an order of protection is sought is entitled to a jury trial as a matter of right before this order is issued. After reviewing Tennessee's constitutional and statutory guarantees to a jury trial, we have determined that there is no right to a jury trial prior to the issuance of an order of protection. The circuit court's decision is affirmed and remanded for further proceedings.
Authoring Judge: Judge William B. Cain
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 07/28/00 | |
| George Todd vs. State
M1999-00976-CCA-R3-PC
The Defendant appeals from the trial court's dismissal of his petition for post-conviction relief. The trial court found that the petition was barred by the statute of limitations. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:L. Craig Johnson |
Coffee County | Court of Criminal Appeals | 07/28/00 | |
| State of Tennessee v. Christopher Kevin Padgett
M2000-00038-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Leon C. Burns, Jr. |
Putnam County | Court of Criminal Appeals | 07/28/00 | |
| State of Tennessee v. Michael F. Maraschiello
M1997-00049-CCA-R10-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 07/28/00 | |
| Rodney Buford vs. State
M1999-00487-CCA-R3-PC
The petitioner, Rodney Buford, is serving an effective sentence of life plus twenty years. His petition for habeas corpus relief was properly dismissed by the trial court because the judgment is not facially invalid and the sentence has not been served.
Authoring Judge: Judge Gary R Wade
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 07/28/00 | |
| Blankinship vs. TDOC
M1999-02381-COA-R3-CV
A prisoner filed a petition to compel the Department of Correction to establish a mandatory parole date for his benefit. The trial court dismissed the petition for failure to state a claim upon which relief can be granted. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/28/00 | |
| Glenda Tate vs. Baptist Memorial
W1999-00553-COA-R3-CV
Hospital employee was accused of negotiating payroll checks of other employees and was discharged. Employee filed defamation suit, and trial court granted summary judgment because the pleadings and affidavits established that there was no publication of the alleged defamatory words since all communication thereof was to hospital employees.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 07/28/00 | |
| State vs. Bobby Perkins
W1999-01368-CCA-R3-CD
The defendant, Bobby Earl Perkins, appeals his conviction for especially aggravated robbery, contending that the trial court erred (1) by allowing a witness to testify about the defendant's statement a year before the robbery that he planned to rob the victim, (2) by allowing a police officer to testify to statements the victim made regarding the defendant, and (3) by sentencing the defendant to twenty-one years. We affirm the conviction, but we modify the sentence to twenty years.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:J. Steven Stafford |
Haywood County | Court of Criminal Appeals | 07/28/00 | |
| William Lavern Davis vs. State
M2000-00341-CCA-R3-PC
The petitioner argues that in finding that his trial counsel was not ineffective and denying his post-conviction petition, the petitioner appeals from the trial court's denial of his post-conviction petition. He argues that the trial court erred by finding that his trial counsel was not ineffective. The trial court's order is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:William Charles Lee |
Marshall County | Court of Criminal Appeals | 07/28/00 | |
| Mona Koja vs. Abed Koja
W1999-00993-COA-R3-CV
Wife was granted a divorce and received a division of marital property and alimony in futuro. The trial court denied Wife attorney fees and expenses. Wife has appeal. The trial court's order denying an award of attorney fees and expenses is reversed. The case is remanded for entry of an order awarding one-half of the attorney fees and expenses.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 07/28/00 | |
| State vs. Edward T. Flye
M1999-01183-CCA-R3-CD
The defendant, Edward T. Flye, challenges the sufficiency of the evidence used to convict him of aggravated burglary and evading arrest. Because the evidence is adequate to support the convictions, the judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
|
Davidson County | Court of Criminal Appeals | 07/28/00 | |
| Tuttle vs. Tuttle
M1999-01578-COA-R3-CV
In a previous appeal, this divorce case was remanded to the trial court for a determination of whether the parties had any marital property and, if so, for the trial court to make an equitable division thereof. From the trial court's final decree in compliance with the order of remand, defendant appeals.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 07/28/00 | |
| Phelps vs. TDOC
M1999-02109-COA-R3-CV
Petitioner/Appellant, a state prisoner, filed his petition for common law certiorari asserting that he was being unconstitutionally and illegally incarcerated by the state and had not been given proper credits under various sentence reduction credit statutes and policies. The trial court granted summary judgment and Petitioner appealed. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/28/00 | |
| Roane County, TN vs. Christmas Lumber Co.
E1999-00370-COA-R9-CV
This is a condemnation case. The trial court entered an order finding that Roane County ("the County") has the right to condemn the respondents' property for use as an industrial park. We granted the respondents' application for an interlocutory appeal to review the trial court's determination that the County has the right to condemn the subject property. Finding that the County's petition is legally deficient, we vacate the trial court's order and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Russell E. Simmons, Jr. |
Roane County | Court of Appeals | 07/27/00 | |
| Monceret vs. The Board of Professional Responsibility
E1999-00545-SC-R3-CV
This is an appeal from the Knox County Chancery Court, which affirmed a hearing panel's ruling that the appellant violated Tenn. R. Sup. Ct. 8, DR 7-104(A)(1) by deposing a witness that he knew to be represented by counsel. We hold that the chancery court correctly determined that the term "party" used in DR 7-104(A)(1) is not limited to the named plaintiff or defendant in a lawsuit and may also include a witness who is represented by counsel. We further hold that the protection of the Rule cannot be waived by the party but only by the party's lawyer. Accordingly, we affirm the judgment.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Irvin H. Kilcrease, Jr. |
Knox County | Supreme Court | 07/27/00 | |
| Michael A. Rhodes vs. State
M2000-00369-CCA-R3-PC
This is an appeal arising from the summary dismissal of a petition for post-conviction relief. The trial court's dismissal was based upon the failure to file the petition within the one-year statute of limitations. Upon review of the record, we reverse and remand for further proceedings since the petition was filed within one year of the date of the final action of the Tennessee Supreme Court in the direct appeal.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 07/27/00 | |
| Donna Thweatt v. Travelers Property & Casualty
M1999-01903-WC-R3-CV
The issues in this workers' compensation appeal are whether the chancellor erred in determining the plaintiff to be an employee; was the injury from inhaling chemicals compensable; was the award of 9% to the body as a whole excessive; and was commutation to lump sum appropriate. This panel affirms the decision of the trial judge. On appeal the appellant requests costs for a frivolous appeal which this panel declines to grant.
Authoring Judge: Kurtz, Sp.J.
Originating Judge:Tom E. Gray, Chancellor |
Sumner County | Workers Compensation Panel | 07/27/00 | |
| Phillips vs. Phillips
M1999-00212-COA-R3-CV
This appeal arises from a dispute between Plaintiff Melanie Dianne (Davis) Phillips ("Wife") and Defendant Thomas Hickman Phillips ("Husband") regarding the terms of their divorce. The trial court (1) granted a divorce to Wife, (2) divided the parties' marital property, (3) awarded rehabilitative alimony to Wife, (4) awarded attorney's fees to Wife, and (5) denied a motion for costs filed by Husband. For the reasons set forth below, we modify the court's division of the parties' marital property. In all other respects, however, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 07/27/00 | |
| Saddler vs. Saddler
M1999-01258-COA-R3-CV
This appeal arises from a dispute between Plaintiff Dwight Saddler and Defendants Leonard and Paula Saddler regarding the ownership of a piece of real property in the estate of Edwina Groom Saddler known as the Hancock Farm. The trial court awarded this property to Dwight Saddler, finding that he is the owner of the property as the beneficiary of a resulting trust. Because we agree that Dwight Saddler has proven with the required degree of certainty that the Hancock Farm is the subject of a resulting trust in his favor, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert P. Hamilton |
Wilson County | Court of Appeals | 07/27/00 | |
| State vs. Daniel Christian Russell
M1999-00202-CCA-R3-CD
The appellant, Daniel Christian Russell, referred herein as "the defendant," appeals as of right from the judgment of the Wilson County Circuit Court imposing concurrent sentences for aggravated assault and vandalism. The trial court imposed sentences totaling five (5) years to be served concurrently in the Department of Correction. The defendant presents two appellate issues: 1) whether the length of the sentences imposed by the trial court are excessive; and 2) whether the trial court erred by denying the defendant's request for probation. Because the defendant received illegal concurrent sentences, we vacate the judgments of conviction and remand the case for further proceedings.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 07/27/00 |